Unless otherwise
specified, in this TOS, the AUP, the NSP, and the Privacy Policy, the usage of
“us”, “we”, “our”, and “ours” shall refer to Spreehosting, Spreehosting.com,
and all its parents, subsidiaries, successors, and assigns. The
usage of “you”, “your”, “they”, and “them” shall refer to the Customer of
Spreehosting.
Moreover, in this TOS, the AUP, the NSP, and the Privacy Policy, “Spreehosting”
shall refer to Spreehosting, Spreehosting.com, and all its parents,
subsidiaries, successors, and assigns; unless otherwise specified, “Spreehosting.com”
and “Spreehosting” shall have the same meaning and shall be interchangeable.
Customer agrees that it shall comply with this TOS, Spreehosting’s
Acceptable Use Policy (AUP), and Spreehosting’s No-Spam Policy (NSP).
Customer further agrees that it has read Spreehosting’s Privacy Policy and
agrees to all the terms and conditions in the Privacy Policy. In this
document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP,
the NSP, and the Privacy Policy collectively.
1. General Terms.
In consideration of hosting services to be delivered, Customer agrees to be
bound by the following terms and conditions:
- 1.1. Customer agrees to pay, in advance of each monthly service term,
for hosting services to be rendered.
- 1.2. Customer agrees to be bound by the service term selected on the
online order form or via applicable promotional codes that may require
Customer to order Spreehosting’s service for a certain minimum period of
time.
- 1.3. Customer agrees to a no-refund policy in advance. Setup fees and
monthly web hosting service fees are non-refundable.
- 1.4. Non-Payment of services shall result in a 5-day notice of
disconnection. All payment failures must be cured within 5 business days
from invoice due date or account will be suspended. Account termination will
result from invoices overdue for 30 days.
- 1.5. Spreehosting is not and shall not responsible for data integrity
for any accounts that are terminated, disconnected, or interrupted because
of Customer’s failure to pay for Spreehosting’s services.
- 1.6. Customers agree to pay all taxes applicable to your account.
2. Agreement for Services.
- 2.1. Spreehosting will provide, and Customer will purchase and pay for,
the Web hosting services (the “Services”), according to the service fees
specified in the Order for the applicable Service Description. Customer
acknowledges that the service, and service fees have been communicated to
the Customer, and that Customer is aware of all applicable charges as per
the Agreement. Customer also understands that no promotional offers will
apply to their individual service unless said promotional offers are
specified in this Agreement.
3. Payment.
- 3.1. Establishment and provision of service is contingent upon receipt
of payment from Customer to Spreehosting.
- 3.1.1. Customer must pay in full for the Services before Spreehosting
begins to provide the Services to Customer. Invoices are generated 5 days
before renewal and customer agree that if paying by credit card, recurring
billing will be billed and charged automatically on the date the invoice is
generated and that Spreehosting may apply the amount due at any time to the
credit card listed on file.
- 3.1.2. Setup fees will be charged and are due at the time of the
Customer’s initial request of the Services requiring setup.
- 3.2. Payment is due on the defined monthly recurring billing date of
each month. All returned checks will be charged a $20.00 service fee.
Service will be interrupted on accounts that reach 5 days past due. Accounts
that are not collectable by Spreehosting will be turned over to an outside
agency for collection. If your account is turned over for collection, you
agree to pay to Spreehosting a “Processing and Collection” Fee of not less
than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00)
Dollars.
4. Delinquent Accounts.
Spreehosting may temporarily deny service or terminate this Agreement upon
failure of Customer to pay charges when due. Such termination or denial will
not relieve Customer of responsibility for the payment of all accrued service
fees, and any collection fees to which Spreehosting may be entitled under
this Agreement or under applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for any reason
or for no reason, by filling out the “Cancellation Request Form” which is
provided on the Spreehosting Web site. You can find the “Cancellation Request
Form” at the following Web page:
http://www.spreehosting.com/cancellation.php or send an email to cs@spreehosting.com
Once a Customer has cancelled their account before the renewal date, no
more charges will be billed to the account. Cancellations on or after renewal
will be charged renewal fees.
Paypal paying customers cancelling their paypal subscription payment does
not warrant cancellation of service. All cancellations must go through the
cancellation form. Customer can terminate their account for any reason or for
no reason. However, Customer understands and agrees that Spreehosting does
not provide pro-rated or any other kinds of refunds on cancellations. All fees
Customer has paid shall be nonrefundable.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL
PAYMENTS TO SPREEHOSTING ARE NONREFUNDABLE.
All payments to Spreehosting are nonrefundable. This includes any
setup fees and monthly fees regardless of usage. All billing disputes must be
reported within thirty (30) days of the time the dispute occurred. Disputed
charges to your credit card issuer, also known as chargebacks, which, in
Spreehostings's sole discretion, are invalid under the terms and conditions
of this Agreement, will result in service interruption, and reconnection fees
to restore the desired service.
Without waiving any of its other rights under this Agreement, Spreehosting
offers to its Customers a 21-day money-back guarantee on fees for
hosting services only (the “21-Day Guarantee”). If for any reason you
cancel your account by filling in the account cancellation form and submitting
it to Spreehosting, within thirty (21) days of the beginning of your
service, Spreehosting will refund your money with no questions asked;
provided, however, that you have never previously obtained a refund under the
21-Day Guarantee. If you have ever previously obtained a refund under the
21-Day Guarantee, your account will be canceled, but no money will be refunded
to you.
Please note that the amount refunded to you will be the amount you paid for
hosting services only, and will not include any of the following fees:
- Setup fees,
- Fees for domain name registrations,
- Fees charged for exceeding your allotted disk storage space or
bandwidth,
- SSL certificate fees,
- Web design fees,
- Web site marketing fees,
- Any add-on services, features, software, and
- Any other fees for services involving a third party.
The 21-Day Guarantee is subject to all of the following limitations:
- You are entitled to a maximum of one (1) 21-Day Guarantee.
- If you do not cancel your account within thirty (21) days of the
beginning of your service, your right to the 21-Day Guarantee shall expire
forever and may not be revived under any circumstances, without the prior
express written approval of Spreehosting.
- You may not transfer or assign the 21-Day Guarantee to any third party.
- You agree that you will not circumvent the restrictions on the 21-Day
Guarantee described in this document, or attempt to circumvent those
restrictions by any means, including, but not limited to, the following
actions:
- Creating multiple accounts, using the same customer name or different
customer names;
- Canceling your account for the sole purpose of obtaining a refund and
then registering for a new account;
- Organizing multiple business entities or using assumed business names
for the purpose of circumventing these restrictions;
- Knowingly providing false or misleading information when you register
for your account; or
- Requesting a refund under the 21-Day Guarantee at any time after you
have already received a refund under that guarantee.
- If you violate any provision of any of the following policies of
Spreehosting, you will not be eligible for the 21-Day Guarantee:
- Terms of Service (TOS);
- Acceptable Use Policy (AUP); or
- No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding new
services, removing services, or changing the type of hosting plan you have do
NOT make you eligible for an additional 21-Day Guarantee. The 21-Day Guarantee
applies to your first order of Web hosting services from Spreehosting
and does not apply to any changes to your service at any time.
7. Customer agrees not to engage in any activity that violates any
international, foreign, federal, state, or local laws applicable to the
service terms described in this Agreement.
8. Spreehosting reserves the right to discontinue service to any
Customer it deems, in its sole discretion, violates any condition of service
including, but not limited to, the following:
9. Backups.
- 9.1. In order to allow us to provide the best service to you, Spreehosting
accounts are backed up daily and weekly. However, these backups are
intended for Spreehosting’s administrative purposes only, to allow us to
provide excellent service to our customers. As part of its commitment to
first-rate customer service, Spreehosting always seeks to create complete
and accurate backups of customer accounts.
- 9.2. Even the best and most complete and redundant backup systems can
and do fail for a variety of reasons, despite the best efforts of the Web
hosting service. THEREFORE, SPREEHOSTING DOES NOT GUARANTEE THE
AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE
DATA THEY CONTAIN. Consequently, you must not rely upon the availability,
completeness, currency, or integrity of these backups.
- 9.3. Customers are responsible for maintaining their own backups on
their own personal computers or other computers.
- 9.4. Spreehosting does not provide any sort of compensation for lost,
inaccurate, incomplete, or outdated data in the event that Spreehosting’s
backups do not function properly, regardless of the reason(s) for any such
malfunction, even if the malfunction was due to the fault or negligence of
Spreehosting or any of its employees or agents, and regardless of whether
Spreehosting had been informed of the possibility of such malfunction, or
any fault or negligence that might cause it.
- 9.5. In the event that you need to recover data from a backup, Spreehosting
will use reasonable efforts to restore data to your account from the
appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO
COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE
FOR THOSE BACKUPS. AGAIN, SPREEHOSTING DOES NOT GUARANTEE THE AVAILABILITY,
COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
- 9.6. You understand and agree that Spreehosting’s backup policy does
not create any warranties for whose breach Spreehosting can be held liable.
10. Customer agrees to defend, indemnify, and hold harmless Reseller
Zoom, and the parents, subsidiaries, successors, assigns, employees and agents
of Spreehosting against any losses, claims, damages, liabilities, penalties,
actions, proceedings or judgments (collectively, “Losses”) to which an
indemnified party may become subject and which Losses arise out of, or relate
to this Agreement or Customer’s use of the Services, and to reimburse an
indemnified party for all legal and other expenses, including reasonable
attorneys’ fees incurred by such indemnified party in connection with
investigating, defending, or settling any Loss whether or not in connection
with pending or threatened litigation in which such indemnified party is a
party.
11. SPREEHOSTING SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR
EXEMPLARY DAMAGES, EMOTIONAL OR SUPERFICIAL DAMAGES, OR FOR ANY LOSS OF
PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE
USE OF SPREEHOSTING’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS
OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
11.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES,
MISDELIVERIES OR SERVICE INTERRUPTIONS.
12. SPREEHOSTING PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT
WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SPREEHOSTING DISCLAIMS ALL
WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY
RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND
SPREEHOSTING SHALL HAVE NO LIABILITY THEREFOR.
13. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPREEHOSTING DISCLAIMS,
ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED,
WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE
SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY
THIRD-PARTY RIGHTS.
14. SPREEHOSTING DOES NOT ASSUME ANY LIABILITY FOR THE
COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR
MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE
INTERNET.
15. No Waiver of Rights by Spreehosting.
Any failure by Spreehosting to enforce this Agreement in every instance in
which it might apply does not amount to a waiver of any of Spreehosting’s
rights.
16. Arbitration.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY
BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN
ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION
ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE
ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
17. Notices.
- 17.1. From Spreehosting to Customer.
Spreehosting will notify you by e-mail of any notices that Spreehosting is
required to provide to you under this Agreement, at the most current e-mail
address you have provided to Spreehosting.
By entering this Agreement, you consent to receive notices by e-mail. You
are solely responsible for ensuring that Spreehosting has your most current
e-mail address, and Spreehosting shall not be responsible for any lost,
misdirected, bounced, forwarded, or undeliverable e-mail that Spreehosting
sends to the most current e-mail address you have provided to Spreehosting.
- 17.2. From Customer to Spreehosting.
Unless otherwise specified in this Agreement, notices to Spreehosting shall
be sent to the following address:
Rusty Jordan
Spreehosting
Attention: Legal Notices
3 Delafield Dr
Ft. Leonard Wood, MO 65473
18. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws
of the State of Missouri, without regard to choice of law or conflicts of law
provisions that would cause the application of the law of another
jurisdiction.
19. Currency.
All monetary amounts to which this Agreement refers shall be in United States
dollars.
20. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire
agreement between you (the Customer) and Spreehosting, and supersedes any
prior or previous agreements between you and Spreehosting with respect to the
subject matter of this Agreement; provided, however, that you agree that you
shall be subject to any additional terms and conditions of which Spreehosting
notifies you from time to time, pursuant to this Agreement.
21. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
22. Assignment.
- 22.1 Customer shall not assign or attempt to assign its obligations
under this Agreement without Spreehosting’s prior and express written
consent to such assignment.
- 22.2. Spreehosting may assign any or all of its rights and obligations
under this Agreement at any time without prior notice to or consent of
Customer.
23. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any dispute,
controversy, or claim arising out of, in connection with, or in relation to
this Agreement, or the breach thereof shall be proper only in a venue
determined Spreehosting.
24. Choice of Law.
For all purposes, this Agreement shall be deemed to have been made within the
State of Missouri, United States of America. This Agreement shall be governed by
the laws of the United States of America and the laws of the State of Missouri,
without regard to Missouri’ choice of law and conflicts of law rules, and
Spreehosting and Customer each submit to the exclusive jurisdiction of the
courts of Paluski County Missouri, or to the United States District Court
should any claim or question arise under Federal law or federal jurisdiction
based upon diversity of citizenship.
25. Force Majeure.
Spreehosting shall not be liable or deemed to be in default for any delay or
failure in performance under this Agreement or interruption of service
resulting directly or indirectly from acts of God, civil or military
authority, acts of public enemy, war, terrorism, riots, civil disturbances,
insurrections, accidents, fire, explosions, earthquakes, floods, the elements,
strikes, labor disputes, shortages of suitable parts, materials, labor or
transportation, magnetic interference, interruptions of electrical power or
other utility service, unavailability of any telecommunications or wireless
service or connection to any telecommunications or wireless service, or any
cause beyond the reasonable control of Spreehosting.
26. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with applicable law
as nearly as possible to reflect the original intentions of the parties
hereto, and the remainder of the provisions shall remain in full force and
effect.
27. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect to Spreehosting’s performance
or alleged non-performance of this Agreement must be commenced within one (1)
year after the claim or cause of action arises or such claim or cause of
action is forever barred.
28. Denial of Service
Spreehosting reserves the right to refuse or discontinue service to anyone at
our sole discretion.
29. Abuse of Spreehosting Staff or Support Personnel.
- 29.1. At Spreehosting, we take pride in providing excellent service to
all of our customers. It is our policy always to treat our customers with
the highest level of respect and courtesy. In return, we expect the same
respect and courtesy from you.
- 29.2. If our staff feels that you are consistently engaging in abusive
content toward them, or addressing them in a demeaning or rude manner, your
account(s) may be suspended and you may be asked to take your business
elsewhere. In the event that we terminate service for abusive conduct,
customers will be given five (5) days’ notice to find a new Web host. We
will issue a refund only for the unused portion of pre-paid service.
- 29.3. Abusive conduct includes, but is not limited to, the following
behaviors:
- Repeatedly addressing members of our staff in a demeaning or rude
manner;
- Using profanity in any oral or written communications with our staff,
by any medium of communication, including but not limited to e-mail,
instant messages, chat, text messaging, fax, postal mail, telephone, voice
over Internet Protocol (VoIP), or in-person communication;
- Yelling or shouting at our staff;
- Deliberately using all capital (uppercase) letters in any written
communication to our staff;
- Insulting our staff because of their personal characteristics, or on
the basis of their race, ethnicity, national origin, sex, sexual
orientation, religion, or housing or economic status; or
- Deliberately providing false information to our staff for the purpose
of harassing them or wasting their time.
30. Additional Terms and Conditions for Reselling Our Services
Many of OUR customers wish to resell OUR services to third parties who become
their customers. The additional terms and conditions in this section apply to
the resale of OUR services. YOUR account with Spreehosting allows YOU to
resell OUR services, subject to all the terms and conditions of YOUR agreement
with US. However, please note that YOU do not have to resell
OUR services. As long as YOU comply with all the terms and conditions of YOUR
agreement with US, YOU may simply use OUR services for YOUR own Web sites and
for any lawful purpose.
R1. No Free Services to Be Offered.
YOU may not use YOUR account or OUR services to offer any of the following
kinds of FREE services but are not limited to:
- Free Web hosting services;
- Free e-mail services;
- Free blogging services;
- Free home pages;
- Free image hosting;
- Free trial accounts.
There are several reasons for these prohibitions on free services. The
reasons include, but are not necessarily limited to, the following:
First, free services generally do not require any reliable means of
identifying the person who registers for them. As such, it can be practically
impossible to track down persons who abuse the free services.
Second, OUR customers, including OUR resellers, are all paying for prompt,
reliable service and WE have built a solid reputation for delivering excellent
service to them. WE cannot risk having unidentified persons damage OUR
reputation.
Third, users of free services are notorious for registering for free
accounts and immediately spamming or otherwise consuming very large amounts of
system resources and bandwidth before their accounts are shut down. Such
abusers often register for successive or multiple accounts and cause many
problems for the servers and network.
Fourth, spammers, operators of phishing and pharming scams, distributors of
spyware, viruses, Trojan horses, worms, and other malware, operators of
illegal Warez sites, operators of illegal or unauthorized file-swapping or
archive sites, and hackers frequently abuse free online services. Allowing
free services would expose OUR servers to severe abuse and could harm US, all
of OUR customers, and all the customers of OUR resellers.
Fifth, free services lead to various forms of abuses that may violate
criminal laws or even foster terrorist activities. Because such abuses violate
applicable laws as well as OUR policies, WE must prohibit them.
If YOU violate this prohibition on free services, WE may suspend or
terminate YOUR account immediately, with or without notice, as WE in our sole
discretion deem necessary to address the situation.
R2. Resellers’ Customers Must Comply with All of OUR Policies.
As part of YOUR agreement with YOUR customers, YOU must require them to
comply with all applicable laws and all of OUR policies. If YOU fail to do so,
WE may suspend or terminate both the accounts of YOUR customers and YOUR
account, as necessary to protect the security, safety, reliability, integrity,
and performance of OUR servers, data, and network.
R3. Support for Resellers’ Customers.
Unless YOU have purchased an account with US whereby WE have explicitly
agreed in writing to provide technical support to YOUR customers, YOU are
solely responsible for providing all technical support for YOUR customers, and
YOU agree that YOU will not direct YOUR customers to contact US for technical
support.
However, if YOU have purchased an account with US and WE have explicitly
agreed to provide end user support to YOUR customers, then WE will provide end
user support to YOUR customers through email.
Regardless of the type of account YOU have purchased from US, YOU are
solely responsible for providing YOUR customers with all billing, customer
service, sales, and general information support. If YOU offer training to YOUR
customers, YOU are solely responsible for providing the training to them. YOU
agree that YOU will not direct YOUR customers to contact US for any billing,
customer service, sales, or general information support, or for any training.
R4. Resellers are Responsible for Harms Their Customers Cause.
If any of YOUR customers causes harm to US or to any of OUR customers or
the customers of any of OUR resellers, then YOU agree to be liable for that
harm and all damages arising from that harm.
WE shall not be liable for any mistakes, errors, downtime, or other damages
caused by YOU or any of YOUR customers.
R5. Termination and Restoring Accounts of Resellers’ Customers.
YOU are solely responsible for terminating or deleting any of the accounts
for YOUR customers, and for restoring those accounts when appropriate.
WE shall not be responsible for restoring any of the accounts or data of
any of YOUR customers that YOU delete by mistake.
When WE can do so without unreasonable effort or expense, WE usually
restore accounts for OUR reseller customers free of charge at their request.
However, YOU understand and agree that WE may not always be able to restore
accounts for YOU or YOUR customers and that WE do not guarantee that we will
restore any or all of YOUR customers’ accounts.
R6. Reseller is Responsible for All Consequences of Reseller’s Breach of
Agreement with US.
If YOU breach or default on any of YOUR obligations to US under YOUR
Agreement with US or any policy contained in that Agreement, YOU understand
and agree that such a breach or default may result in the suspension or
termination of YOUR account and hosting privileges with US. YOU further
understand and agree that the loss of YOUR account and hosting privileges may
create negative business, economic, or legal consequences (collectively the
“Consequences of Breach or Default”) between YOU and YOUR customers.
YOU hereby agree to assume all responsibility for the Consequences of
Breach or Default.
YOU hereby further agree to defend, indemnify, and hold harmless Rusty
Jordan and Spreehosting, and the parents, subsidiaries, successors, assigns,
employees and agents of Spreehosting against any losses, claims, damages,
liabilities, penalties, actions, proceedings or judgments (collectively,
“Losses”) that are or arise out of the Consequences of Breach or Default,
and to reimburse an indemnified party for all legal and other expenses,
including reasonable attorneys’ fees incurred by such indemnified
party in connection with investigating, defending, or settling any Loss
whether or not in connection with pending or threatened litigation in which
such indemnified party is a party.
R7. Reseller’s Standards of Conduct.
